A B.C. judge has refused to shorten a prohibition order of a man who sexually assaulted his stepdaughter for more than a year.
Steven Walsh was asking the provincial court to amend his section 161 order – which are the conditions a convicted offender must abide by – by reducing the length of his term to five years from 20 and removing certain prohibitions related to schools and other public areas where a person under 16 years old may be and from having contact with anyone under the age of 16.
The Crown was opposed to the application, noting the it was premature and Walsh should instead provide an updated risk assessment. It added that Walsh was also not providing information about where he was going and what he wanted to do.
Walsh was convicted of sexual interference and making child pornography on Dec. 30, 2016. He was given a seven year jail sentence. His conditions were imposed for a period of 20 years, effective on his release from prison.
He had sexually abused his stepdaughter over the course of more than a year from 2011 to 2012 when she was 10 and 11 years old.
The judge who sentenced Walsh at the time described his offences as "depraved and loathsome," and the girl became suicidal after he committed a "fundamental breach of parental trust."
In 2019, Walsh unsuccessfully appealed his sentence. He also applied to have his new partner be his supervisor, but that was denied.
His sentence ended Dec. 28, 2023 and he was on parole under supervision in the community. Under supervision, he was permitted to work at a hockey arena from 10 p.m. to 3 a.m. as there were no children present during those hours and he could swim at a private pool.
After Walsh's appeal, he was assessed by Correctional Services Canada as low risk and placed in a minimum-security prison for his sentence. There, he was further assessed as requiring no formal programs and "directed to self-advocate to participate in formal sex offender programming." Walsh submitted documents that he completed all required programs and treatment.
In his June 17 decision, provincial court judge Raymond Phillips said it is up to Walsh to provide sufficient evidence to the court that there has been a change in circumstances that warrants a variation to his prohibition.
Philips said that Walsh, 55, will "likely be bound by the section 161 order for the remainder of his life or at least until 2043."
Philips said the only measure available is the continued order as Walsh "committed repeated acts of sexual violence over a long period of time." The judge added the order is meant as a safeguard for children while he "navigates his way through life and the community over the 20-year period."
He said the request to vary the term is "excessive, premature and unwarranted."
However, Philips said the order will be slight changed to:
• Walsh is prohibited from attending a public park, public swimming area, school ground, playground, day care or community centre where a girl under the age of 16 could be
• Walsh is prohibited from having any contact, including communication by any means with any girl under the age of 16, unless he does so with supervision the court deems appropriate
